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State of Confusion Paper

Essay by   •  September 12, 2011  •  Research Paper  •  1,084 Words (5 Pages)  •  1,576 Views

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State of Confusion Paper

The court that would have jurisdiction over Tanya's suit would be the federal Supreme Court. She would have to file an incident report under the file name of Venue. She can argue her case on the subject of the Interstate Commerce argument. She also has jurisdiction to argue her 1st Amendment rights has been violated by this state, which would be an unconstitutional violation of commerce clause. Cases in this area are argued over the same issues and are well known in the court systems. The issues that are mentioned are .mud flaps on interstate trucks to the maximum weight a trailer could pull on the interstate lanes. This is because she has to file in the state the incident has taken place. The reason she would file in a federal supreme court is that this violates her right to earn a living with using public interstate mainstreams, and as long as the commuters does not pose a threat to the health of the community, for example, emissions pollution, or overweight trailers, they are permissible to pass through. This particular situation in the state of Confusion is violating the civil rights of the travelers.

One would believe the state of Confusion's law to be unconstitutional because if they are able to travel through all other states in the same position, they should be giving permission to travel through Confusion. The reason is all of the other states have certain laws to follow when operating a Commercial license, and all states have formal mandates to follow and these laws require each state to respect them in all states. There should not be certain laws in states that would prevent commuters from traveling through unless they pose a hazardous threat to the state. The state of Confusion does have the right to establish and protect the safety travel on the roads in their state, but they have to follow certain laws while doing so. The Commerce Clause (Article I, Section 8, Clause 3) named in the U.S. Constitution states the following "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." This article will mandate and limit the state of Confusion the right in part by the Department of Transportation known as (DOT) and the Interstate Commerce Commission known as (ICC). The issue is this particular device is only manufactured in this state, and the state of Confusion wants all truckers to have this only brand of device on their trucks or they are not permitted to use its interstate lanes could be viewed as biased, and a money making scandal to progress the business of one particular company in their own state.

When discussed in the case the only item that comes up in the scenario that would raise concern and argument would be the hitch on the trailer. This hitch is only sold at one company and this business is in this particular state, and to obtain this item replaced the vehicles would have to travel through the state to get there, and this would cause them to break the statute in the state of Confusion. This item also is only found in this state, and it would raise concern why no other state has started manufacturing this in other states.

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